The Republican journal., 1887-10-20
Prohibition in Penobscot.

Gov. Bodwel. at the time of sending letters
to county attorneys and sheriffs concerning the
enforcement of the prohbitory law, addressed
one to G. W. Brown, Sheriff of Penobscot
County to which that officer replied. The tenor
of his reply is indicated in the following letter
from the Governor to the Sheriff. to which
there has been no response:
G. w. Brown. ESQ, Sheriff of Penobscot
County.
Dear r:-In reply to communication adj
dressed to you concerning the proper enforce
ment of the laws prohibiting the sale of intoX-
cating liquors. a letter of the following tenor
has been received from you, viz: Il have EN-
deavored since assuming my present position
to enforce all laws required of me as Sheriff,
and in the future l shall continue to do my duty
according to my best judgment. | am not
aware Of any complaint about the special sub
jeet alluded to in your letter, in this section"
1t is provided in section 60, Chapter - of the
Revised Statutes of this state, that ''Sheritls
and their deputies shall diligently and faithful
ly inquire into all violations of law, within their
respective counties, and institute proceedings
against violations or supposed violations oflaw,
and particularly against the illegal sale of in
toXicating liquors, either by promptly entering
complaint before magistrate and executing
the warrant issued thereon, or by furnishing
the county attorney, promptly and without de-
the witnesses" This explicit command laid
upon sheritls by the legislature has, of course,
removed all doubt from your mind that the
enforcement of the prohbitory law of Maine,
Is something specially required of you as
sheriff." You must therefore be understood
as asserting in effect, that you have ,dili-
gently and faithfully inquired" into the vio-
lation of this law in your county, and that you
desire it to be inferred from the absence of
complaint relating thereto, either that no per-
son is violating this law, or that all offenders
are so vigorously prosecuted as to leave no
grounds for complaint. But if such ''diligent
and faithful inquiry" on your part has failed to
secure evidence that Intoxicating liquors are
sold in numerous places in Bangor in violation
of law, and that wholesale and retail liquor
dealers publicly advertise their traffic in the
prominent squares of that city, have in my
possession some printed circulars and other
evidence which might be valuable, or at least
interesting. for you to possess. If on the con-
trary such inquiry on your part has resulted in
obtalnln" this evidence, and the State has re-
ccived no benefit from it at your hands, the in
ference is plain. that when you say you will do
your duty according to your "be>t Judgment
you mean that it is your ''be>t Judgment not
to enforce the law at all, long as there is ''no
complaint and unless the public sentiment
aggres>ively demands it. 1t ought to be unIIec-
cssary to remind you that no such latitude Of
discretion is given you either by your oath of
office, CT by the statutes of the State. The
wisdom and propriety of this law has been
passed upon by the Legislature and the people
of this state. Its enforcement has been i'm
pres>ively enjoined by the Legislature, and is
unqucstionably demanded by the best interests
of society; and while the discretion of the otli-
Ger must he exercised with respect to the
means and methods of obtaining evidence to in
sure conviction. the question whether this law
shall be enforced at all or not. has never been
submitted to the ''bc>t judgment" of sherills
and their dcputies.
Very Respectfully,
j. il. BODWELL, Governor.
Application was made to the Governor and
Council by more than thirty citizens of Bangor,
the number required by the statutes, asking
for the appointment Of special constables for
PenobScot county. The petition was referred
to the council and no action was taken thereon.
At the next meeting of the Governor and
Council, Oct. 10Th, notice for Il public hearing
upon this question will he given. a time all-
pointed for hearing. in order that all interest,"
ed may be present, and whether con>tables will
be appointed or hot will depend upon the evil
dence furnished. No hasty action has been
taken or contemplated, and the citizens of Ban
cor will have full opportunity to be heard.